092 Hebron v. Reyes

HEBRON v. REYES July 28, 1958 | Concepcion, J. | Quo Warranto | PETITIONER: Bernardo Hebron RESPONDENT: Eulalio Reyes SUMMARY: Petitioner and respondent were elected mayor and vice-mayor respectively of the Municipality of Carmona in the province of Cavite in the general elections of 1951. On May 1954, petitioner was preventively suspended by the Office of the President due to certain administrative charges lodged against him. During that period, respondent was directed to assume the office of Acting Mayor. Since petitioner remained suspended for more than a year and 7 months and there was no action on the administrative case, an action for quo warranto was instituted on the ground that respondent was illegally holding and has unlawfully refused to surrender the office. The Supreme Court DOCTRINE: Under the present law, the procedure prescribed in sections 2188 to 2191 of the Revised Administrative Code, for the suspension and removal of the municipal officials therein referred to, is mandatory; that, in the absence of a clear and explicit provision to the contrary, relative particularly to municipal corporations — and none has been cited to us — said procedure is exclusive; that the executive department of the national government, in the exercise of its general supervision over local governments, may conduct investigations with a view to determining whether municipal officials are guilty of acts or omissions warranting the administrative action referred to in said sections, as a means only to ascertain whether the provincial governor and the provincial board should take such action; that the Executive may take appropriate measures to compel the provincial governor and the provincial board to take said action, if the same is warranted, and they failed to do so; that the provincial governor and the provincial board may not be deprived by the Executive of the power to exercise the authority conferred upon them in sections 2188 to 2190 of the Revised Administrative Code; that such would be the effect of the assumption of those powers by the Executive; that said assumption of powers would further violate section 2191 of the same code, for the authority therein vested in the Executive is merely appellate in character.

FACTS: 1. In the general elections held in 1951, petitioner, a member of the Liberal Party, and respondent of the Nacionalista Party, were elected mayor and vice-mayor respectively of the Municipality of Carmona, Province of Cavite for a term of 4 years beginning January 1952. Petitioner discharged the duties and functions of mayor continuously until May 22 or 24 1954

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when he received a communication from the Office of the President of the Philippines informing him that the President has decided to assume directly the investigation of the administrative charges against said petitioner for alleged oppression, grave abuse of authority and serious misconduct in office. The Provincial Fiscal of said province was designated as Special Investigator of the said charges. In the interim, petitioner was preventively suspsended and the Vice Mayor was directed to assume the office of Acting Mayor during said period of suspension. Respondent acted as mayor of Carmona and the Provincial Fiscal of Cavite investigated the charges. After holding hearings in connection with said charges, the provincial fiscal submitted his report thereon on July 15, 1954. Since then the matter has been pending in the Office of the President for decision. Inasmuch as the same did not appear to be forthcoming, and the term of petitioner, who remained suspended, was about to expire, on May 13, 1955, he instituted the present action for quo warranto, upon the ground that respondent was illegally holding the Office of Mayor of Carmona, and had unlawfully refused and still refused to surrender said office to petitioner, who claimed to be entitled thereto. Respondent denied the alleged illegality of petitioner’s suspension and claimed that the former was holding the office of the mayor in compliance with a valid and lawful order of the President. At the hearing of this case, the parties, as well as the Solicitor General and said amici curiae Dean Vicente Sinco and Professor Enrique Fernando, appeared and argued extensively. Subsequently, they filed their respective memoranda and the case became submitted for decision. The case could not be disposed of, however, before the close of said year, because the members of the Court could not, within the unexpired portion thereof, reach an agreement on the decision thereon. Although the term of office of petitioner expired on December 31, 1955, his claim to the Office of Mayor of Carmona, Cavite, has not thereby become entirely moot, as regards such rights as may have accrued to him prior thereto.

ISSUE: WoN a municipal mayor, not charged with disloyalty to the Republic of the Philippines, may be removed or suspended directly by the President of the Philippines regardless of the preocedure set forth in Sections 2188 to 2191 of the Revised Administrative Code — NO RULING: Petition GRANTED. RATIO: 1. Referring to local elective officers, We held in Lacson v. Roque that the President has no inherent power to remove or suspend them. There is neither statutory nor constitutional provision granting the President

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sweeping authority to remove municipal officials. By article VII, section 10, paragraph (1) of the Constitution the President "shall . . . exercise general supervision over all local governments", but supervision does not contemplate control. Far from implying control or power to remove the President's supervisory authority over municipal affairs is qualified by the proviso "as may be provided by law", a clear indication of constitutional intention that the provisions was not to be self-executing but requires legislative implementation. It is significant to note that section 64(b) of the Revised Administrative Code in conferring on the Chief Executive power to remove specifically enjoins that the said power should be exercised conformably to law, which we assume to mean that removals must be accomplished only for any of the causes and in the fashion prescribed by law and the procedure. Sections 2188 to 2191 of the Revised Administrative Code provide the causes, fashion, and the procedure prescribed by law for the suspension of elective municipal officials. My. Justice Tuason, in construing the aforementioned provisions states that ‘the preceding sections should control in the field of investifations of charges against and suspension of municipal officials. The minuteness and care, in three long paragraphs, with which the procedure in such investigations and suspensions is outlined, clearly manifests a purpose to exclude other modes of proceeding by other authorities under general statutes, and not to make the operation of said provisions depend upon the mercy and sufferance of higher authorities.’ Accordingly, when the procedure for the suspension of an officer is specified by law, the same must be deemed mandatory and adhered to strictly, in the absence of express or clear provision to the contrary — which does not exist with respect to municipal officers. What is more, the language of sections 2188 to 2191 of the Revised Administrative Code leaves no room for doubt that the law — in the words of Mr. Justice Tuason — "frowns upon prolonged or indefinite suspension of local elective officials" The policy manifested by section 2188 of the Revised Administrative Code, which is consecrated policy in other jurisdictions whose republican institutions this country has copied, requires speedy termination of a case in which suspension has been decreed, not only in the interest of the immediate party but of the public in general. The electorate is vitally interested, and the public good demands, that the man it has elevated to office be, within the shortest time possible, separated from the service if proven unfit and unfaithful to its trust, and restored if found innocent. In the case at bar, petitioner was suspended in May 1954. The records of the investigation were forwarded to the Executive Secretary since July 1954 yet

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the decision on the charges was not rendered either before the filing of the complaint or before the expiration of petitioner’s term of office. Respondent cannot rely on Sections 79(c) and 86 of the Revised Administrative Code because although the Department head as agent of the President has direct control and supervision over all bureaus and offices under his jurisdiction as provided for in section 79(C), he does not have the same control of local governments as that exercised by him over bureaus and offices under his jurisdiction. Likewise, his authority to order the investigation by any act or conduct of any person in the service of any bureau or office under his department is confined to bureaus or offices under his jurisdiction and does not extend to local governments over which, as already stated, the President exercises only general supervision as may be provided by law. If the provisions of Section 79(C) of the Revised Administrative Code are to be construed as conferring upon the corresponding department head direct control, direction, and supervision over all local governments and that for that reason he may order the investigation of an official of a local government for malfeasance in office, such interpretation would be contrary to the provisions of paragraph 1, section 10, Article VII, of the Constitution. If "general supervision over all local government's is to be construed as the same power granted to the Department Head in section 79 (C) of the Revised Administrative Code, then there would no longer be a distinction or difference between the power of control and that of supervision. Section 86 of the Revised Administrative Code adds nothing to the power of supervision to be exercised by the Department Head over the administration of municipalities. If it be construed that it does and such additional power is the same authority as that vested in the Department Head by section 79(C) of the Revised Administrative Code, then such additional power must be deemed to have been abrogated by section 10(1), Article VII, of the Constitution. The word "offices", as used in section 79 (C), was not deemed to include local governments, even before the adoption of the Constitution. Section 64 (c) of the Revised Administrative Code relied upon by respondent and the amici curiae, provides that the President shall have authority "to order, when in his opinion the good of the public service so requires, an investigation of any action or conduct of any person in the government services and in connection therewith, to designate the official committee or person by whom such investigation shall be conducted. Since the powers specified therein are given to the President, "in addition to his general supervisory authority", it follows that the application of those powers to municipal corporations — insofar as they may appear to sanction the assumption by the Executive of the functions of provincial governors

and provincial boards, under said sections 2188 to 2190 — would contravene the constitutional provision restricting the authority of the President over local government to "general supervision." 6. The foregoing considerations are equally applicable to paragraph (b) of said Section 64. There is no question of disloyalty in the present case. Upon the other hand, the power of removal of the President, under the first sentence of said paragraph 64 (b), must be exercised "conformably to law", which, as regards municipal officers, is found in sections 2188 to 2191 of the Revised Administrative Code. 7. If there is any conflict between said sections 64 (b) and (c), 79 (c) and 86 of the Revised Administrative Code, on the other hand, and sections 2188 to 2191 of the same code, on the other, the latter — being specific provisions, setting forth the procedure for the disciplinary action that may be taken, particularly, against municipal officials — must prevail over the former, as general provisions, dealing with the powers of the President and the department heads over the officers of the Government. 8. The alleged authority of the Executive to suspend a municipal mayor directly, without any opportunity on the part of the provincial governor and the provincial board to exercise the administrative powers of both under sections 2188 to 2190 of the Administrative Code, cannot be adopted without conceding that said powers are subject to repeal or suspension by the President. Obviously, this cannot, and should not, be done without a legislation of the most explicit and categorical nature, and there is none to such effect. Moreover, as stated in Mondano vs. Silvosa (supra), said legislation would, in effect, place local governments under the control of the Executive and consequently conflict with the Constitution (Article VII, section 10[1]). 9. The case of Rodriguez v. Montinola is enlightening as regards the lack of power of the Secretary of Finance to disapprove a resolution of the Provincial Board abolishing positions of 3 special counsel in the province. The Court ruled that the power of general supervision granted the President, in the absence of any express provision of law, may not generally be interpreted to mean that he, or his alterego may direct the form and manner in which local officials shall perform or comply with their duties. 10. It might be helpful to recall that under the Jones Law the Governor General had both control and supervision over all local governments, (Section 22, Jones Law) The evident aim of the members of the Constitutional Convention in introducing the change, therefore, must have been to free local governments from the control exercised by the central government, merely allowing the latter supervision over them. But this supervisory jurisdiction is not unlimited; it is to be exercised "as may be provided by

law." Dean Sinco, in his work on Philippine Political Law expressed himself as follows: ‘Supervisory power, when contrasted with control, is the power of mere oversight over an inferior body; it does not include any restraining authority over the supervised party. Hence, the power of general supervision over local governments should exclude, in the strict sense, the authority to appoint and remove local officials.’ 11. The respondents argue that although the power of general supervision of the President imposes upon him the duty of non-interference in purely corporate affairs of the governments, such limitation does not apply to its political affairs. n the Philippines, the constitutional provision limiting the authority of the President over local governments to General supervision is unqualified and, hence, it applies to all powers of municipal corporations, corporate and political alike. In fact, there was no need of specifically qualifying the constitutional powers of the President as regards the corporate functions of local governments, inasmuch as the Executive never had any control over said functions. What is more, the same are not, and never have been, under the control even of Congress, for, in the exercise of corporate, non-governmental or non-political functions, municipal corporations stand practically on the same level, vis-a-vis the National Government or the State — as private corporations 12. The case of Villena vs. Roque is substantially different from the one at bar. Administrative charges were filed, against Mayor Villena, with the office of the President, which referred the matter to the Provincial Governor of Rizal, but the Provincial Board thereof failed to act on said charges for an unreasonable length of time. Under such facts it is understandable that the power of supervision of the President was invoked, either to compel action, which the Provincial Board had the duty to take, or, in view of its obvious unwillingness to comply therewith, to cause the charges to be investigated by somebody else, in line with the responsibility of the Executive "to take care that the laws be faithfully executed." In the present case, however, the Provincial Board of Cavite never had a chance to investigate the charges against petitioner herein. From the very beginning, the office of the Executive assumed authority to act on said charges. Worse still, such assumption of authority was made under such conditions as to give the impression that the Provincial Governor and the Provincial Board were banned from exercising said authority. 13. In Villena, the majority held that the President of the Philippines, under sections 64 (b), and 2191 of the Revised Administrative Code, as the later has been amended, and section 11 (1), Article VII, of the Constitution, is vested with the power to expel and suspend municipal officials for grave misconduct, and it appears that the suspension was ordered by virtue of that

authority; and (2) the Secretary of the Interior acted within the powers conferred upon him by section 79 (c), in connection with section 86, of the Revised Administrative Code, as amended, in ordering an administrative investigation of the charges against the petitioner, in his capacity as mayor of the municipality of Makati, Province of Rizal. Those who dissented disagreed insofar as the majority held that the acts of the department secretaries are presumptively the case of the executive and that the suspension directed by the Secretary should be considered as decreed by the President himself. More important still, said majority opinion and the aforementioned separate opinions cited section 2191 of the Revised Administrative Code as the source of the power of the Executive to suspend and remove municipal officials. However, said provision deals with such power of suspension and removal on appeal from a decision of the Provincial Board in proceedings held under sections 2188 to 2190 of the said Code. Nowhere in said opinions was anything said on the question whether said appellate authority implies a grant of original power to suspend, either without an appeal from said decision of the Provincial Board, or without any proceedings before said Board calling for the exercise of its disciplinary functions under said provisions of the Revised Administrative Code.

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Paras, C.J. dissenting: 1.

In the allocation of governmental powers, our Constitution ordains that "the Executive power shall be vested in a President of the Philippines." (Sec. 1, Art. VII, Constitution). And the President is enjoined in the same Constitution to "take care that the laws be faithfully executed." (Sec. 10, par. 1, Art. VII, Constitution.) In the same breath, the Constitution provides that the President shall have control of all the executive departments, bureaus, or offices, and shall exercise general supervision over all local governments as may be provided by law (Sec. 10, par. 1, Art. VII, Constitution). In pursuance of the Constitution, the Revised Administrative Code declares that in addition to his general supervisory authority, the President shall have such specific powers and duties as are expressly

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conferred or imposed on him by law. In reference to the malfeasance of any person in the Government service, by virtue of Sec. 64(b) and (c) of the Revised Administrative Code, enacted in consonance with the totality of his executive power and, specifically, the power of supervision of all offices in the executive branch of the government, the President has concurrent supervisory authority with the provincial governor to order an investigation of charges against an elective municipal official. While the provincial governor has to submit the charges to the Provincial Board for investigation, the President may designate the official, committee or person by whom such investigation shall be conducted (Sec. 64 [c], Rev. Adm. Code). The President can remove even elective municipal officials subject to the limitation that such removal must be conformable to law, which are that it must be for a cause provided by law, as those enumerated in Sec. 2188 of the Revised Administrative Code, and conducted in a manner in conformity with due process. Besides, if in administrative law supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties, and control means the power of an officer to alter modify, nullify or set aside what a subordinate officer has done in the performance of his duties and to substitute the judgment of the former for that of the latter, how will the foregoing distinction affect the supervisory authority of the President to cause the investigation of the malfeasance of a municipal official relating to and affecting the administration of his office, and directly affecting the rights and interests of the public? If supervision and control meant by the Constitution relate to the power to oversee, or modify, set aside or annul acts done by a subordinate officer in the performance of his duties the supervisory authority to suspend and remove a subordinate official prescribed the administrative code refers to disciplinary action on account of his misconduct or malfeasance in office. I see no cogent reason for disturbing our ruling in Planas vs. Gil; Villena vs. Sec. of Interior; Lacson vs. Roque; and Villena vs. Roque, upholding the explicit supervisory authority of the President under Sec. 64 of the Revised Administrative Code to include that of ordering the investigation of elective municipal officials, and to remove or suspend them conformably to law.